Foreclosure Defense Florida

Law Firms Gorge on Foreclosures

Foreclosure Law Firms Are Committing Fraud on Consumers and The Court

An article in today’s Tampa Tribune examines the practices of the three law firms that account for the vast majority of foreclosure cases that have been filed in Pinellas County and across the State of Florida.   The article, which can be found here, offers a frankly weak analysis and light criticism of the practices engaged in these firm, Florida Default Law, David Stern and Watson Marshall.   The Florida Supreme Court’s Task Force Report on Residential Mortgage Foreclosures was frankly far more direct when it found that these firms were enagaging in systematic fraud and abuses of court process.   One quote from the article was significant, in an opinion from a Federal Bankruptcy Judge who wrote,

“Florida Default and Wells Fargo “have engaged in the systematic process of churning out unrefined and unexamined form pleadings, instead of producing and filing carefully considered legal papers.”

The article missed the bigger story and that is the widespread fraud that these firms are committing everyday as they attempt to push their foreclosure cases through.   I currently or have previously represented hundreds of clients in cases against these firms and can tell you that their work product is an embarrassment to the legal community.   It is frankly just shocking that judges and courts continue to allow this behavior to occur.

One Comment

  • David Acosta says:

    The tolerance of this kind of behavior is and will continue to have a huge impact on life in Florida long after this crisis is over. Judges who appear sensitive to how their judgments may rattle the “system” are at times looking the other way fully knowing that these debt collection and foreclosure mills are perpetrating a fraud on the court and on people who are down on their luck. The Bar is appears a bit timid to confront this bad situation. Why? This bad conduct hurts everyone.

    Floridans and newcomers alike, with long memories for all things bad, will be unforgiving when the accounting is taken and the decisions and faces are put together. How will so many thousands of families ever forget the Rocket Docket? It just does not make sense that these firms continue to get away with all the fraud.

    The judiciary should be very concerned about the seemingly irretrievible loss of confidence in our courts. They should also be concerned with how they will handle suits against judges from out of state lawyers representing consumers who lost their homes at a time the court had no jurisdiction. A judge acting in the complete absence of jurisdiction is not immune from rulings and judgments. Isn’t anyone thinking about this possible consequence of not bringing these debt collector cowboys back in line?

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